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Liability Waiver

Copy and paste the body of your waiver here.


 Assumption of Risk, Release, and Indemnity Agreement 

Assumption of Risk: I understand that the Activities1 in which I (or my child) will engage in cooperation with The Back Porch. (TBP) involve inherent and other risks that are very dangerous, and that I (or my child) may sustain serious bodily injury or death, as wel l as property damage. I understand and recognize that the Activities I am engaging in while on The Back Porch. property, which includes without limitation Parcel ID No. 4618-01019-3017/2781 which includes without limitation a barn, a creek, a pond, pastures, and woodlands (the “TBP Property”), are designed and intended to be authentic outdoor experiences and are not controlled or managed in a manner that eliminates risk associated with those experiences. Some of those risks are described on the back side of this Agreement and are incorporated by reference. I acknowledge that such risks and dangers may be caused by my (or my child’s) own actions or inactions, or the actions or inact ions of other participants, the condition of property utilized in the Activities, adverse weather conditions, or negligence of myself (or my child) or of other participants. I acknowledge that some of these risks may be unforeseeable. I acknowledge that the Activities are strenuous and dangerous and require a certain degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely responsible for determining my (or my child’s) suitability to participate in the Activities. I do have (or my child has) the requisite skills, qualifications, physical and mental ability, and training necessary to participate in the Activities properly and safely. I understand that these Activities are not rides or amusement devices with guaranteed or controlled outcomes, but are extreme sports which are not in my or other’s control. I also understand that the water elements (creeks and/or ponds) are not regulated or treated as swimming pools or water rides. I further understand and agree that the TBP shall have no further duty to warn me of or to remedy any natural or manmade risks, dangers, or hazards. I (or my child) share(s) responsibility for my (his/her) safety and will follow instructions, make reasonable decisions, and act responsibly. The TBP cannot ensure my (or my child’s) safety and does not seek to eliminate all of the risks of the activities because they contribute to the authenticity of the experience and are inherent to the very nature of the Activities. I acknowledge that the TBP has no duty to supervise any of the activities of me (or my child) or any other participant. I choose to voluntari ly participate (or allow my child to participate) and observe the Activities despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss and for any personal injury, illness, disability, emotional distress, and death that I (or my child) may suffer, whether described in this document or not. 

WARNING 

Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity. 

In consideration for the TBP providing services/facilities and allowing me (or my child) to participate/observe the Activities, I agree to the following: 

Waiver and Release: I, (and on behalf of my child) agree to forever release and discharge the TBP from and agree not to sue the TBP for any and all liability or claims I (or my child) may have for any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my (or my child’s) participation in the Activities or use of any equipment or facilities. This release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes personal injury and property losses alleged to be caused by the negligence of TBP to the fullest extent permitted by law. 

Indemnity: I agree to defend, indemnify (meaning to pay or reimburse any amount required to be paid, including attorney’s fees) and hold the TBP harmless from all claims, causes of action, suits, judgments, settlements, awards, interest, penalties, expenses, liability, losses, or damages for any property damage, loss or theft, personal injury, disability, death, or other loss brought by or on behalf of me, my child, a family member, my estate, another participant or spectator, or any other person arising from or relating to my (or my child’s) use of the property, facilities, and/or participation in the Activities, including claims that The Back Porch was negligent. 

Acknowledgment of Policies and Photo Waiver: I acknowledge reading and understanding the TBP’s Rules and Regulations relating to the Activities, facilities of the TBP located on the TBP Property, and equipment and agree to comply with and abide by those Rules & Regulations. The TBP may take and use photographs, video, film, and other images of me (or my child) participating in or observing the Activit ies. I waive any right of privacy, publicity, compensation, copyright, or other rights to those images and I consent to the Center using those images for any purpose. 

Additional Provisions: I agree that the substantive laws of North Carolina (but not any law that would apply the laws of another state) govern this Agreement and any dispute I have (or my child has) with the TBP and consent to jurisdiction in Catawba County, North Carolina. Any mediation, suit, or proceeding will be entered into only in Catawba County, North Carolina. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions. 

I have read this Agreement and the information contained throughout the document, I understand its contents, and I sign it voluntarily. I intend by this Agreement to assume all hazards and risks, waive all rights to sue and release all liabilities and claims, and indemnify the TBP for any claims arising from my (or my child’s) participation in the Activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my child is) observing or participating in the Activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate.

I grant permission to The Back Porch and its agents and employees the irrevocable and unrestricted right to produce photography and or video images taken of me for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or for any medium. I hereby release Bohemain Cattle Company and its legal representation of all claims and liability related to said images and or video. 


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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